04/05/2005 08:30 AM Senate JUDICIARY

          SB 137-EVICTING INSTITUTIONAL PROPERTY USERS                                                                      
                                                                                                                                
8:40:53 AM                                                                                                                    
MR. JOSEPH MICHELE, staff to  Senator Seekins, introduced SB 137.                                                               
The University of  Alaska asked the Legislature to  carry SB 137.                                                               
A few  disruptive students  have used the  court system  to stall                                                               
impending  evictions. The  bill  is meant  to  fix a  discrepancy                                                               
between  legislative intent  of the  Uniform Landlord  Tenant Act                                                               
and  the recent  lower court  decision regarding  the removal  of                                                               
individuals  residing  in  a  residence   that  is  owned  by  an                                                               
institution described under AS 34.03.330.                                                                                       
                                                                                                                                
8:43:17 AM                                                                                                                    
The  University  of Alaska  has  put  into place  a  three-strike                                                               
policy with a review process and a peer process.                                                                                
                                                                                                                                
CHAIR RALPH SEEKINS closed public testimony.                                                                                    
                                                                                                                                
SENATOR GENE THERRIAULT asked whether  the action was just adding                                                               
educational institutions to the list contained in AS 34.03.330.                                                                 
                                                                                                                                
8:45:08 AM                                                                                                                    
MR.  MICHELE  answered   higher  educational  establishments  are                                                               
included  in  AS  34.03.330.  SB   137  stems  from  lower  court                                                               
hearings.                                                                                                                       
                                                                                                                                
CHAIR SEEKINS commented exempt institutions  would not have to go                                                               
to court to evict a person.                                                                                                     
                                                                                                                                
8:45:58 AM                                                                                                                    
MR. MICHAEL  HOSTINA, associate general counselor,  University of                                                               
Alaska,  commented SB  137 is  clarifying the  eviction statutes,                                                               
which have been interpreted by  the courts to require an eviction                                                               
action even  for the exempt  institutions. SB 137  doesn't modify                                                               
the  landlord/tenant law;  it modifies  the procedures  governing                                                               
evictions.                                                                                                                      
                                                                                                                                
SENATOR THERRIAULT  moved SB 137  from committee  with individual                                                               
recommendations  and  attached  fiscal note(s).  There  being  no                                                               
objection, the motion carried.